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  1. #61
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    Quote Originally Posted by Just the Fax View Post
    Hmmmm, very interesting. In addition to their appellate response, it seems JYL also filed a 27 page 'motion for appellate relief' , claiming he received "ineffective assistance of trial counsel". The Attorney General has asked for an extension to 2/5/15 to respond to this particular motion......Should be entertaining
    It startled me. He is now dumping on Klinkosum?

  2. #62
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    Yes......should be interesting.

    Poor Klinko.....I was under the impression most thought his representation was indeed OK. I get the feel of a little desperation.....do you Citygirl and JTF?
    JUSTICE FOR MICHELLE & RYLAN

  3. #63
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    Madeleine74 is offline Of course it's my opinion; who else's would it be?
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    Yes, interesting! JLY had 2 attorneys at his trials. Bryan Collins who became a judge as well as Klinkosam. I didn't read the defense's brief -- did he name both of them or just Klink in terms of "ineffective assistance?"

  4. #64
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    A MAR is a Motion for Appropriate Relief....http://www.appealslawgroup.com/blog/...-in-north.aspx

  5. #65
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    What is a Motion for Appropriate Relief in North Carolina?
    Posted on Jun 25, 2014 12:43pm EDT

    A Motion for Appropriate Relief is a post-conviction relief motion to collaterally attack a conviction under Article 89, Subchapter 14 of Chapter 15A of the North Carolina General Statutes, 1411-1422. It is a legal mechanism that allows people who have been convicted of a crime to challenge their conviction because the conviction was obtained in violation of their Constitutional rights.

    A Motion for Appropriate Relief (or MAR) is different than a direct appeal. Where a direct appeal is a legal challenge made in a higher court, a Motion for Appropriate Relief must be made in the trial court – the court where the person was convicted.

    There is no statute of limitations or time limit for filing a Motion for Appropriate Relief in a non-death penalty case. However, there is a 120-day statute of limitations for filing a Motion for Appropriate Relief for a person who has been sentenced to death, which generally begins from the date that the person has exhausted all of their direct appeals or the time to file a direct appeal has expired.

    A person who has filed a Motion for Appropriate Relief may be granted (1) a new trial on some or all of the charges or (2) dismissal on some or all of the charges, or (3) a new sentencing procedure which may result in a reduction of the sentence

    The grounds for a Motion for Appropriate Relief under N.C.G.S. 15A-1415 are as follows:

    (1) The acts charged were not defined by law as a crime when they were committed

    (2) The trial court lacked jurisdiction over the person of the defendant or over the subject matter.

    (3) The conviction was obtained in violation of the Constitution of the United States or the Constitution of North Carolina

    (4) The defendant was convicted or sentenced under an unconstitutional law or statute.

    (5) The conduct for which the defendant was prosecuted was protected by the Constitution of the United States or the Constitution of North Carolina.

    (6) There has been a significant change in law, either substantive or procedural, applied in the proceedings leading to the defendant's conviction or sentence, and retroactive application of the changed legal standard is required.

    (7) The sentence imposed was illegal or unconstitutional

    (8) The defendant is in confinement and is entitled to release because his sentence has been fully served.

    (9) The defendant was convicted of a first offense of prostitution under G.S. 14-204, and the court did not discharge the defendant and dismiss the charge pursuant to G.S. 14-204(b); the defendant's participation in the offense was a result of having been a victim of human trafficking under G.S. 14-43.11, sexual servitude under G.S. 14-43.13, or the federal Trafficking Victims Protection Act (22 U.S.C. 7102(13)); and the defendant seeks to have the conviction vacated.

    The most common grounds raised in a Motion for Appropriate Relief are a violation of the right to effective assistance of counsel, newly discovered evidence, prosecutorial misconduct, actual innocence, and illegality of sentence.

    Filing a Motion for Appropriate Relief can be very complicated. An experienced appellate attorney must interview witnesses, investigate the facts of the case, review the discovery that leads to new evidence, and review the entire history of the case from start to finish to find legal errors to raise in the motion. Sometimes the court will require an evidentiary hearing to be held on the motion, where the lawyer will have to call witnesses, present evidence, and challenge the State's evidence, and make arguments to the court.

    Hiring the right attorney for the job can be the difference between a winning motion and a losing motion.

  6. #66
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    My first thought in reading the documents: http://www.ncappellatecourts.org/sho...ment_id=164659 is that I now know that the appellate court procedure in the US is very similar to that of Italy, where the Amanda Knox case wove its way through courts with appeals from both defense and prosecution. That's what we see here too.

    I like this statement, given that there has been so much debate about whether there was blood on the landing between the bathroom and the master bedroom: "As Fisher walked upstairs to the home office, she saw what looked like red hair dye in the bathroom used by 2-year-old [the child], on the upstairs landing, and in the master bedroom." (pg 13: http://www.ncappellatecourts.org/sho...ment_id=164659).

    This almost places the time of death prior to the normal time that she went to bed (too early for Jason to make the round trip): "Ms. Young was wearing a zip-up sweatshirt and sweatpants, which was not her typical sleeping attire. She was still wearing those clothes on 3 November. A treadmill in an upstairs room was on when police arrived."pg 17: http://www.ncappellatecourts.org/sho...ment_id=164659)

    How can someone like this be a reliable witness: "She testified that she was hit by a truck when she was six, her brain fell onto the street, and doctors had to reinsert her brain." (pg 20, linked above).

    This is funny: "The State argued that Mr. Young, a traveling salesman, knew how to drive his car on "fumes." (pg 21). Cars don't actually run on fumes, so it's a bit ludicrous to argue that Mr Young knew how to do this.

    Finally we learn what the therapist said: "The couple e-mailed each other on 24 October 2006 about seeing a counselor. Mr. Young wrote about his willingness to attend counseling and reminded his wife of their agreement that she first seek individual counseling. Ms. Young saw a therapist on 27 October. She told the therapist that she was upset that Mr. Young waited until the end of the weekend to do his household chores, that their childless friends had more money than they had, that Mr. Young wanted their relationship to be more sexual, and that Mr. Young drank at tailgate parties. Ms. Young told the therapist that her current pregnancy was planned. She did not report any physical abuse and none of her family or friends ever witnessed any." (p 25, http://www.ncappellatecourts.org/sho...ment_id=164659)

    This completely blows the statement that Jason never spoke with investigators: "The defense investigator, Steve Hale, testified that he talked with Mr. Young shortly after his 14 December 2009 arrest." (pg 30, same link as above). At the time of the interview, no discovery had been provided. Mr. Young told him about closing his hotel room door without locking it. When Mr. Hale examined the hotel room door, he found that the door would close without being locked. Mr. Hale had no problem reaching a stick from the hotel exit door and propping the door open."

    Is this true: "The prosecutor argued in closing that evidence about the cold medications established that Mr. Young was the killer because only he would have taken the time to drug his daughter." ... This sentence certainly gives context to the "daddy did it" claim. Trial information has to be in context, which in this case means that the child's testimony is not exactly incriminating: "The trial court excluded Cassidy's additional statement that "Mommy fell on the floor. Now she's on the bed with animals. The animals are asleep. There was a cow. Daddy bought me new fruit snacks."(pg 31).

    Stevens seems to have screwed up repeatedly with his rulings.

    What do we have so far ... trial ... 8-4 not guilty declared a mistrial ... bail release ... trial ... inadmissible evidence entered ... defense appeal ... prosecution counter appeal ... what next? Another Stevens show, or a new Judge that has no vested interest in the outcome?

  7. #67
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    Quote Originally Posted by Madeleine74 View Post
    Yes, interesting! JLY had 2 attorneys at his trials. Bryan Collins who became a judge as well as Klinkosam. I didn't read the defense's brief -- did he name both of them or just Klink in terms of "ineffective assistance?"
    Ineffective Counsel allegations directly relate to preserving evidence.

  8. #68
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    Quote Originally Posted by citygirl View Post
    If so, betting MY put in far more than 40 hours a week? That would most likely be attributed to her sister's time as nanny, wouldn't you think? Who else would have taken care of CY? Her dedication was valuable, no doubt, but supported by her only sister. MOO.
    How does Meredith helping with babysitting translate into Michelle working more than 40 hours a week? The child was enrolled in daycare and Michelle was familiar with flexible work hours.

  9. #69
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    Quote Originally Posted by JusticeFever View Post
    It's not whether someone thinks someone is guilty or innocent, as it is about presenting events in the recent brief the state filed to be fair and factual.

    The state's position on Michelle's cutting back work hours in their brief is listed as a possible motive as to why Jason might want her dead.

    For 10 hours less at work = 10 hours decrease in pay=murder

    The state tried very hard to make this about financial issues the Youngs were having, when it was proven in court that they weren't having any difficulties at all.
    That's true. The couple had two incomes (total income > $120,000) and their child was in daycare. Michelle seemed to have a flexible schedule option and had no difficulties negotiating a flexible schedule for the time after her son was born. At most a 10/40hr cutback would result in a quarter of her salary being withheld (1/8 of the family income), which would not effect their income ... sure they had to cut back on meals out, but it wouldn't make a big difference.

  10. #70
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    Quote Originally Posted by LadyL View Post
    where I work, it's 25 hours, crazy as that seems
    Many professionals have 35 hour weeks with Fridays off. Michelle could easily have had that schedule ... given that she was able to negotiate a better schedule for mat leave.


  11. #71
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    Quote Originally Posted by tarheellvr View Post
    "Yawn" I see I haven't missed much. Still the same old stabs at the State/Prosecutors Office.........as if all kinds of discussion, accusations, etc will just wipe away his guilt. It won't however.....it really won't.
    It is indeed the same old same old prosecutors attempting to persecute through appeals and counter appeals after law violations. I have to wonder if prosecutors are simply unable to admit that mistakes are possible.

  12. #72
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    Quote Originally Posted by dgfred View Post
    Well, IMO using the correct verbiage makes it impossible to say 'Why didn't the state just tell the truth'

    Since it was correct then it is not an un-truth.
    I don't see it as an issue of the State telling the truth, it strikes me more as an attempt by the prosecution to gloss over with rose colored glasses. It was never correct to admit the "slayer" evidence.

  13. #73
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    Quote Originally Posted by Landonsmom02 View Post
    Ugh... I can't stand Klinkosum. He represented Teghan Skiba's killer this past March/April at the trial in Smithfield. I could do without seeing him, IMHO. But I do hope that if granted there will be a 3rd trial and no plea.
    I think everyone is looking forward to a trial where the judge is impartial and incriminating default rulings are not part of the jury deliberation.

  14. #74
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    Quote Originally Posted by JusticeFever View Post
    Yes, I believe so..... the briefs will then be reviewed and there will be a decision if/when to hold oral arguments if it comes down to that...

    It is very possible if Jason is awarded a new trial, we may see a plea deal offered, as this would be his 3rd trial..JMO
    Maybe he can plead to second degree with a time served plus a couple of months ruling. That seems to be a popular option for men that murder their wives in North Carolina.

  15. #75
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    Quote Originally Posted by Madeleine74 View Post
    I wasn't expecting the SC to agree to review this case and was completely surprised by that decision. Pleased, but surprised. I don't know the timing at all, but it won't surprise me if this pushes the case out another 6 months or more just for the SC portion to be resolved one way or the other, and then another 6 months to a year if they uphold the appeals court and a new trial is ordered.
    BBM

    Pleased that Jason Young has successfully appealed the murder conviction?

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